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Louisiana Abandonment Laws

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justkimmy74

Junior Member
What is the name of your state? Louisiana

my exhusband and I split when my eldest son was just over 1 year old. he then moved back to england and gave me sole legal and physical custody. my present husband has been raising my son since he was 1 and my son only knows my present husband as daddy. my exhusband makes no contact with my son but his parents call about twice a month. my son is now 5 1/2 years old. can i file for abandonment and my present husband adopt? and btw no he doesnt pay child support and never has, in divorce he gave up custody and left country so no way to inforce the payment of child support so he has never paid any.

thanks for any help!!
 


LdiJ

Senior Member
justkimmy74 said:
What is the name of your state? Louisiana

my exhusband and I split when my eldest son was just over 1 year old. he then moved back to england and gave me sole legal and physical custody. my present husband has been raising my son since he was 1 and my son only knows my present husband as daddy. my exhusband makes no contact with my son but his parents call about twice a month. my son is now 5 1/2 years old. can i file for abandonment and my present husband adopt? and btw no he doesnt pay child support and never has, in divorce he gave up custody and left country so no way to inforce the payment of child support so he has never paid any.

thanks for any help!!
Under those conditions, yes, its possible that you could file for abandonment and stepparent adoption. You need to consult a local attorney. Adoption isn't something that I would recommend doing without an attorney.
 

rmet4nzkx

Senior Member
Did you ever establish a child support order? Child support orders can be enforced in UK. While you husband has been a father to your child, the parental grandparents have maintained a relationship. If your husband want's to adopt your child, the simplest way is to ask the bio dad to terminate parental rights, if your husband wants to adopt. You can also seek to collect any past due child support if it was ordered, arrearages don't go away with TPR although they can be forgiven.

If your ex does TPR and your husband adopts, remember your child has a relationship with her parental grandparents and it would not be fair to end that just because your husband adopts. So he could end up with more grandparents. So they live in the UK also?
 

LdiJ

Senior Member
rmet4nzkx said:
Did you ever establish a child support order? Child support orders can be enforced in UK. While you husband has been a father to your child, the parental grandparents have maintained a relationship. If your husband want's to adopt your child, the simplest way is to ask the bio dad to terminate parental rights, if you husband wants to adopt. You can also seek to collect any past due child support if it was ordered, arrearages don't go away with TPR although they can be forgiven.

If your ex does TPR and your husband adopts, remember your child has a relationship with her parental grandparents and it would not be fair to end that just because your husband adopts. So she could end up with more grandparents. So they live in the UK also?

Dad doesn't pay child support and has never made contact with the child. Although the grandparents telephone monthly that isn't relevant to whether or not dad has abandoned the child. This is about as clear-cut as abandonment gets. They don't need dad's agreement at this point.
 

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